Leases in Writing and as a Deed

Except for a tenancy taking effect in possession with a term not exceeding 3 years [s.2(5)(a) Law of Property (Miscellaneous Provisions) Act 1989],  a contract for the disposition of an interest in land (which includes tenancy agreements) can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each [s.2 Law of Property (Miscellaneous...

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Landlord can force sub-tenant to pay rent (if one)

A superior landlord has the right to require a sub-tenant to make future payments of rent to him where his immediate tenant is in arrear with the rent. [Law of Distress Amendment Act 1908, s.6] s 6 To avoid distress. In cases where the rent of the immediate tenant of the superior landlord is in arrear it shall be lawful for such superior landlord to serve upon any under tenant or lodger a notice (by ......

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Subletting (Assured Shorthold Tenancy)

Termination of head tenancy: effect on assured [shorthold] tenancy The common law provides that where a tenancy is determined all sub-tenancies automatically come to an end unless the superior tenancy has been determined by surrender. S.18 Housing Act 1988 nullifies this rule in relation to assured [shorthold] sub-tenancies lawfully granted by providing that where the superior tenancy is determined any such assured sub-tenancy shall continue in...

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Is flat above shop residential or commercial?

Kent Coast Property Investments v Ward [1990] 45 E.G. 107 Abstract: Where a demise consisted of a corner shop with accommodation above, and the shop was found to have been occupied for the purposes of a business, the entire demise was subject to the Landlord and Tenant Act 1954 Part II . T was tenant of premises which had the appearance of a corner shop with accommodation over. When L purported to give T notice of the termination under Part II...

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Assignment

Introduction A sub-letting of the whole term operates as an assignment. An assignment is different to a sub-letting because the estate in land is transferred from the first tenant to the new tenant. However, an assignment by a tenant is ineffective to pass the tenant’s legal estate to the proposed assignees unless it is made by deed [s52(1) Law of Property Act 1925]. A deed is not required if the landlord expressly or impliedly ...

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